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Expertise

Practice Profile

Renewable Energy & Clean Technology

Exceptional Experience

Cassels Brock’s Renewable Energy/Clean Technology Group brings together a multi-disciplinary team of top-ranked lawyers with a wealth of expertise in electricity, infrastructure and project/equipment finance, environmental assessment and approval, government relations, land development and real estate, public-private partnerships and intellectual property. Our team is skilled at helping clients respond to the risks and opportunities presented by government regulations and programs aimed at reducing greenhouse gas emissions, or “carbon footprints,” through, for example, the development of alternative renewable energy resources. In 2008, Cassels Brock was the only Canadian law firm invited to appear in a film on green energy law in Canada as part of a campaign to address corporate policy and its impact on climate change.

Core Strength in the Electricity Sector. The Cassels Brock Renewable Energy/Clean Technology Group draws on our extensive expertise advising businesses, financial institutions, and investors in the electricity sector, having acted for electricity generators and distributors, electric utilities and large electricity consumers advising on project licence agreements, transmission arrangements, regulatory compliance, tax matters, aboriginal rights and treaty claims, project structuring, etc.

Government Relations Expertise. Critical to navigating the regulatory framework for renewable energy and clean technologies is our Government Relations team, including two former Ontario premiers, which supports the Renewable Energy/Clean Technology Group to help reduce the risks and uncertainty involved in this rapidly evolving area.

Navigating the Feed-in Tariff Program. Our team is expert at navigating the regulations and requirements of Ontario’s feed-in tariff initiative (“FIT program”). Whether you are an industry equipment supplier, a landlord looking to lease a rooftop for solar energy production or a lender financing the construction of a wind farm, our lawyers can provide you with the business-focused, strategic advice that will help you achieve your goals efficiently while minimizing the risks.

Carbon Finance Certified. With two partners holding certificates in Carbon Finance from the University of Toronto’s Centre for Environment, our Renewable Energy/Clean Technology Group is well versed in both national and international initiatives to reduce greenhouse gas emissions through carbon finance, trading, and disclosure as well as clean technology finance and development.

Public Markets Expertise. Our Securities Group offers comprehensive legal services in corporate finance, mergers and acquisitions and securities regulatory matters. Widely recognized for our experience and innovation in all areas of corporate securities law, we have one of the largest, most diverse and sophisticated securities law groups in Canada. The breadth and depth of our practice allows us to be on the cutting edge of new developments and important trends. We have experience across all industries, including clean technology and renewable energy. We have assisted such clients in a variety of matters including pre-public financings, including angel and venture capital investments, public offerings, stock exchange listings, amalgamations, mergers, arrangements, acquisitions and reorganizations, ongoing compliance with securities law and continuous disclosure requirements.

We have provided securities law advice on many transactions, including recently:

  • Acted on behalf of EcoSynthetix Inc. in connection with its $100 million initial public offering and concurrent TSX listing 
  • Acted on behalf of Sprott Power Corp. in connection with its business combination with First Asset PowerGen Fund by way of a plan of arrangement
  • Acting on behalf of a syndicate of agents in the going public transaction of PyroGenesis Canada Inc.

Sustainable Practices. Our group works with clients to assist them in effectively enhancing their commitment to corporate social responsibility, while guiding them in the areas of the appropriate adoption of energy efficient strategies and proven models that can be implemented to emphasize sustainability within their organizations. We understand the evolving business reality that climate change and the regulations and laws relating to it present. Our team has the multi-disciplinary skills to guide our clients in this rapidly evolving area.

Representative Work

Solar

  • Advising on the structuring and financing of a solar power fund
  • Representing a service provider in respect of implementing the Ontario Non-Profit Housing Solar PV Program involving the sale and installation of rooftop solar PV generation facilities at non-profit housing sites across the Province
  • Advising a solar aggregator in connection with the design, build, construction and finance of solar installations across Ontario
  • Representing a leading-edge clean technology fund in structuring its initial investments in start-up companies and in negotiating and acquiring assets and settling lease and other rights regarding the development of its first solar farm in Ontario
  • Acting for both landlords and owners in respect of leases relating to rooftop solar energy facilities
  • Acting for clients in connection with solar power production facilities

Wind

  • Acting for a syndicate of lenders providing the term financing for the construction and take out financing for a large wind generating facility in Saskatchewan
  • Advising a Canadian wind farm energy developer in financing development projects across the country
  • Acting for an Irish renewable energy company in the negotiation of power purchase agreements for the sale of wind-generated electricity from its facilities in Prince Edward Island to large corporations, municipalities and utilities
  • Preparing easements in relation to FIT program renewable energy projects
  • Acting for an environmental engineering firm in the insolvency of a wind generator/wind farm energy developer
  • Representing a manufacturer which has developed a micro-wind turbine that is being rolled out to major parks worldwide
  • Advising a large high-tech company engaged in the developing, engineering, manufacturing and marketing of wind turbine generator systems
  • Acting as counsel to a wind power generator with wind farm locations in Eastern Canada, including its sale to a major European power corporation

Biomass

  • Advising a lender in structuring and documenting an offering of investment in a pool of bio-mass co-generation projects
  • Acting for the project manager in restructuring the financing and guarantees for a biomass cogeneration project in the forestry industry
  • Representing an alternative energy development company with respect to producing power through underground pumped storage facilities
  • Representing a financial services company in the financing of an anaerobic digester which creates both heat for greenhouses and electricity for the grid
  • Acting for a municipality in establishing a facility that produces energy from waste

Energy Efficiency and Sustainability

  • Acting for a leading provider of energy efficient products geared to reducing electricity consumption in automobile and automotive parts manufacturing facilities
  • Representing a carbon consultancy in connection with the roll-out of a sustainability program for large regulated emitters in Canada
  • Assisted a leading electricity supply company in the negotiation of its contracts to be entered into with a supplier of smart-meter technology
  • Acting for a leading provider of electrical transportation systems in connection with its corporate structure and its sales of battery systems to various European manufacturers